Attached is the application by which local educational agencies (LEAs) may request an exception from the New York State Education Department (NYSED) to exceed the 1.0 percent cap in counting as proficient and advanced for accountability purposes, during the 2012-13 school year, the scores of students with the most significant cognitive disabilities based on alternate academic achievement standards. Only LEAs, including Charter Schools and Special Act School Districts, that are subject to accountability under the No Child Left Behind Act (NCLB) and that are able to document extraordinary circumstances should submit this application.

In 2012–13, every LEA is automatically allowed to have one student counted as proficient or above on the New York State Alternate Assessment (NYSAA) in grades 3 through 8 combined or in the 2009 cohort, even if that one student would cause the LEA to exceed the 1.0 percent cap. These LEAs do not need to complete this exception application. In addition, LEAs that were approved in 2011-12 for both 2011-12 and 2012-13 do not need to reapply.

Completed applications must be received by April 1, 2013 for consideration of exceptions for the 2012–13 school year. Questions regarding this application may be directed to speced@nysed.gov or Patricia Ronayne in the P-12: Office of Special Education, Special Education Policy at 518-473-2878.